Karnataka High Court Upholds Right to Peaceful Protest in Sowjanya Case

Bengaluru, March 19, 2025: The Hon’ble Karnataka High Court has permitted a peaceful protest at Freedom Park, Bengaluru, in connection with the ongoing demand for justice in the Sowjanya case. The decision was delivered by Justice M. Nagaprasanna while disposing of petitions filed by Karnataka Karmikara Vedike (R) and Native Empowering and Equipping Team For Hope And Interaction (R) [NEETHI TRUST] registered trusts, challenging the arbitrary revocation of permission for the demonstration.

The petitioners had initially obtained approval from the Tahsildar of Belthangady Taluk to hold the protest. However, the permission was later withdrawn by the authorities, citing a prior order of the Hon’ble High Court. The petitioners contended that the said order was case-specific and could not be used as a blanket restriction to suppress peaceful assembly.

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The learned counsel for the petitioners, A. Velan, AOR argued that the State police had no authority to assume the role of an arbiter in determining whether statements made during the protest would be derogatory or defamatory. Such an approach would amount to an unreasonable restriction on the fundamental right to protest under Article 19(1)(a) of the Constitution.

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After hearing the submissions, the Hon’ble High Court permitted the peaceful protest to proceed, subject to the condition that it takes place in accordance with law. The judgment reinforces the constitutional principle that the right to protest is an essential aspect of democracy and cannot be curtailed arbitrarily.

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Counsel for the Petitioners: A. Velan, AOR, Supreme Court of India.

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